Albany lawmaker facing harassment violation

Allegation stems from a dispute with a tenant

By JORDAN CARLEo-EVANGELIST Staff writer

Updated 10:00 am, Thursday, October 20, 2011

ALBANY -- County Legislator Brian Scavo was arraigned on a low-level harassment charge Wednesday, according to a person familiar with the case, marking the fourth time the Democrat has faced charges since taking office nearly four years ago.

The exact details of the case were not immediately clear, other than that authorities said he was arraigned on a summons from City Court stemming from a dispute with a female tenant.

The charge, second-degree harassment, is a violation -- less serious than a misdemeanor.

Scavo's attorney, E. David Duncan, said the allegation stems from a dispute the lawmaker had with a tenant he planned to evict. Duncan disputed, however, that his client had been formally arraigned yet.

"He hasn't been arraigned, and we have not been served," Duncan said. Asked whether he believed the allegation was retribution for the eviction, Duncan said: "That's what he thinks."

But a person familiar with the case said Scavo -- who was in court Wednesday on an unrelated charge -- was, in fact, arraigned on the new allegation and entered a not guilty plea.

More Information

Scavo was released on his own recognizance by visiting Rensselaer City Court Judge Kathleen Robichaud, who has been handling Scavo's other case.

Court documents on the new allegation were not immediately available.

Second-degree harassment is the same charge Scavo faced in 2008 after a dispute with another tenant, which ended with both men charged. That case was dismissed in exchange for the lawmaker's good behavior.

Earlier this year, Scavo was charged with felony forgery after allegedly faking a tenant's signature on an eviction document. That case is pending and is stalled because one of his accusers has been out of the country.

His attorney has moved for a dismissal of that case, which was why the lawmaker was in City Court when he was arraigned on the new charge.

Scavo denies forging the signature and has produced a report by a forensic handwriting expert that he says clears him of any wrongdoing.

Scavo -- who is nearing the end of his first term representing neighborhoods around Delaware Avenue in the 7th Legislative District -- lost the Democratic primary last month to attorney Noelle Kinsch. He has continued to run, however, on the Conservative Party line.

In 2008, he was accused of misdemeanor stalking by an Albany Law School student. A judge dismissed that case in 2009, ruling prosecutors were not alleging enough incidents to meet the legal definition of stalking.